Findings of Fact, Conclusions of Law, Ruling of the Referee and Judgment and Decree of the Court

• File Number: 06CW077
• Description: Concerning the Application of the town of Carbondale
• State: CO
• Water Division: 5
• Date: 7/24/2008
• Water Supply Pro - Doc Type: Court Documents

District Court, Water Div. S, Colorado
Case No. 06CW77; The Town of Carbondale
Findings of Fact, Conclusions of Law, Ruling of Referee, & Judgment and Decree of the Court
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I. The statements in the application are true.
II. Objectors: Timely statements of opposition were filed by Stanley and Valerie Koziel, the
Colorado River Water Conservation District, the Colorado Water Conservation Board, the
Basalt Water Conservancy District, the State Engineer, the Division Engineer,
Southeastern Colorado Water Conservancy District, and Colorado Springs Utilities. No
other statements of opposition were received. The time for filing statements of opposition
has expired.
III. Application Summary: The Town of Carbondale seeks confirmation of recreational in-
channel water rights for five in- channel diversion structures ( "Structures ") located in the
Roaring Fork River. The Structures will divert, capture, and control the flow of the
Roaring Fork River to create features that provide a reasonable recreation experience in
and on the water for boating and related recreational uses. The Court finds that the
requested water rights qualify as recreational in- channel diversions ( "RICDs "), as defined
at C.R.S. § 37 -92- 103(10.3) (2005). The Town of Carbondale passed a resolution
supporting this application.
IV. Jurisdiction: All notices required by law were duly given and the Court has jurisdiction
over the application and all parties affected thereby, whether or not they have appeared.
V. Town of Carbondale Gateway Boating Park:
A. Names of Structures: Carbondale Gateway Boating Park, consisting of five
control Structures.
B. Legal Description of Structures:
The Carbondale Gateway Boating Park will be located in the channel of the
Roaring Fork River near the intersection of State Highway 82 and State
Highway 133. The reach of the Boating Park will be up to approximately
4,980 feet in length along a centerline in the river from the invert of the
most upstream control Structure to the exit of the most downstream control
Structure. Each of the control Structures will control the entire flow within
the river channel. The control Structures are designed to perform at various
rates of flow and are designed to control the entire range of claimed flows
for the beneficial uses described below. The approximate locations of the
five control Structures are further described as follows:
a. Structure 1: A point on the centerline of the Roaring Fork River
in the SE 1/4 of the SE '/4 of Section 28, Township 7 South, Range
88 West, 6 P.M., as said section is described by the Geographic
Coordinate Database, located 1334 feet from the South Section Line
and 657 feet from the East Section Line, Garfield County.
b. Structure 2: A point on the centerline of the Roaring Fork River
in the SE '/4 of the SE '/a of Section 28, Township 7 South, Range
88 West, 6 P.M., as said section is described by the Geographic